Wednesday, June 13, 2012

Texas Lien Affidavits

Filing Your Mechanic's Lien in the Lone Star State

In most states, the preliminary notice is an important step for Subcontractors and Suppliers in the lien filing process.  Texas is no exception.  Luckily, you may have already met these requirements without knowing it.

While Texas does have a specific prelien form, an invoice or request for payment can be considered proper notice.  The only other requirement is that these notices must be give to the client every 2 and 1/2 months from the start of the project.  It is also always best to send these out via certified mail, as you will be able to recorde the dates that notices went out on the final lien document.

A Texas Mechanic's Lien for a Subcontractor or lower tier claimant must be filed within by the 15th day of the 3rd month from the ldate on which indebtedness accrues.  According to Texas law, debt accrues on the last day of the month in which you performed work.  This means that you have 2 and 1/2 months from the last day of the last month in which work was performed.  If you performed work on June 4th, your deadline for filing would be September 15th.  The 2 and 1/2 month deadline always begins on the last day of the month.  This allows for plenty of time to meet any prenotice requirements that may be required.

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